Adopt the Social Security Convention.
Sanctioned: July 2, 2014
Cast: July 31, 2014
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force ARTICLE 1 —
Approve the Convention on Social Security between the Argentine Republic and the Kingdom of Belgium, held in Buenos Aires on 3 March 2010, which consists of thirty-two (32) articles, whose authenticated photocopy is part of this law. ARTICLE 2° —
Contact the national executive branch.
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IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWO DAYS OF THE JULY OF THE YEAR DOS MIL CATORCE.
JULIAN A. DOMINGUEZ. — Juan H. Estrada. - Lucas Chedrese. - Gerardo Zamora.
Convention on Social Security between the Argentine Republic and the Kingdom of Belgium
The Argentine Republic and the Kingdom of Belgium, encouraged by the desire to regulate mutual relations between the two States in the field of social security, agree that:
1. For the implementation of this Convention:
(a) The term “contracting States” designates: the Argentine Republic and the Kingdom of Belgium.
(b) The term “Argentina” designates: the Argentine Republic; The term “Belgium” designates: the Kingdom of Belgium.
(c) The term “national” designates: in respect of Argentina: a person of Argentine nationality.
Regarding Belgium: a person of Belgian nationality.
(d) The term “legislation” designates: the laws, decrees, regulations and rules provided for in Article 2.
(e) The term “Competent Authority” designates: With regard to Argentina: the Ministry of Labour, Employment and Social Security, or those who replace it in their future competences.
With regard to Belgium: to the competent Ministers in their jurisdiction, the application of the legislation referred to in Article 2, paragraph 1 B.
(f) The term “Competent Institution” designates: The Agency or the authority responsible for the full or part implementation of the legislation referred to in Article 2.
(g) The term “Linking Organization” designates: the Agency for Coordination and Information between the competent institutions of the two Contracting States that intervene in the implementation of this Convention and in the information to the stakeholders on the rights and obligations arising therefrom.
(h) The term “safety period” designates: any period recognized as such by the legislation under which this period has been fulfilled, as well as any period recognized by this legislation as equivalent to a period of insurance.
(i) The term “prestation” designates: any pension or any benefit in money or in kind provided for in the legislation referred to in Article 2 of this Convention, including supplements, increments or updates.
2. Any term not defined in the first paragraph of this Article, has the meaning that is attributed to it by the applicable legislation.
Field of material application
1. This Convention applies:
A. With regard to Argentina, the relevant legislation:
(a) Social security contributory benefits in respect of benefits arising from old age, disability and survival contingencies, administered by national, provincial government or professional and municipal agencies; and in respect of Title II only related legislation:
(b) To the social security of wage workers;
(c) To the social security of independent workers.
B. With regard to Belgium, the relevant legislation:
(a) Old-age and survivors ' benefits for wage workers and independent workers;
(b) To the disability insurance of wage workers, merchant marines and independent workers;
and with respect to Title II only the relevant legislation:
(c) Social security of wage workers;
(d) The social status of independent workers.
2. This Convention shall also apply to all legislative or regulatory acts that modify or supplement the laws listed in paragraph 1 of this Article.
This Convention shall apply to legislative or regulatory acts that extend existing regimes to new categories of beneficiaries, if there is no opposition from the Contracting State that modifies its legislation, notified to the other Contracting State within six months of the official publication of such acts.
This Convention does not apply to legislative or regulatory acts that establish a new branch of social security, unless such agreement is concluded between the Competent Authorities of the two Contracting States.
Field of personal application
Unless otherwise provided by this Convention, it shall apply to persons, irrespective of their nationality, who are subject to or who have acquired rights under the legislation referred to in Article 2, as well as to the rightful, family members and survivors of such persons.
Unless otherwise provided for in this Convention, the persons referred to in Article 3 have the obligations and are entitled to the rights provided for in the legislation of each Contracting State under the same conditions as the nationals of that State.
Export of benefits
1. Unless otherwise provided in the present Convention, the benefits acquired under the law of one of the Contracting States cannot be suspended, or any reduction or modification due to the fact that the beneficiary is or resides in the territory of the other Contracting State.
2. The old age and survival benefits established under the law of one of the Contracting States shall be paid to the nationals of the other Contracting State who reside in the territory of a third State under the same conditions as if they were nationals of the first State residing in the territory of that third State.
3. The provisions of the preceding paragraph shall also apply to the final invalidity benefits granted by the Argentine Competent Institution when its national holders of the other State reside in a third State.
Reduction or suspension arrangements
1. Any provision for the reduction or suspension of a benefit provided for by the law of a contracting State, applicable in the event of the accumulation of a benefit with other social security benefits or other income or the exercise of a labour activity in the territory of this contracting State, is equally applicable to the benefits due under the law of the other contracting State or to the income obtained or proceeds of a labour activity carried out in the territory of this other Contracting State.
2. However, for the application of this rule, the benefits of the same nature that are liquidated by the competent institutions of the two Contracting States are not taken into account in accordance with the provisions of Articles 12 and 16 of this Convention.
Provisions determining the applicable legislation
1. Without prejudice to the provisions of Articles 8 to 10 of this Convention, the applicable legislation is determined in accordance with the following provisions:
(a) The person who engages in work in the territory of one of the Contracting States is subject to the law of that State;
(b) The person who exercises a job on board a flagship of one of the Contracting States is subject to the legislation of the State in which he or she has his or her habitual residence;
(c) The person who is part of the shipping staff of a company that carries out, on behalf of others or on its own behalf, international air transport of passengers or goods and which is based on the territory of one of the Contracting States, is subject to the legislation of the latter State. However, when the company has a branch or permanent representation in the territory of the other contracting State, the wage-earning worker concerned is subject to the law of the contracting State in whose territory the branch is located.
2. In the event of the simultaneous exercise of an independent professional activity in Belgium and wage earners in Argentina, the activity carried out in Argentina will be assimilated to a wage activity carried out in Belgium, for the determination of the obligations arising from Belgian legislation regarding the social status of independent workers.
(a) The employee who, at the service of a company that has in the territory of one of the contracting States its principal headquarters or a branch in which it is normally performed, is temporarily assigned by this company to the territory of the other contracting State to perform a work there on behalf of this company, is subject only to the legislation of the first Contracting State as if it continues to be occupied in its territory, provided that the foreseeable duration of the work to be carried out is not exceeded twenty-four months.
(b) The provisions of subparagraph (a) are equally applicable to family members accompanying the employee worker to the territory of the other contracting State, unless they engage in wage or independent activity in the territory of that contracting State.
2. Where the displacement referred to in paragraph 1 of this Article exceeds twenty-four months, the competent authorities of the two Contracting States or the competent institutions designated by those States may agree that the employee is subject only to the legislation of the first Contracting State. However, this extension may not take place for a period exceeding thirty-six months. This extension must be requested prior to the end of the initial period of twenty-four months.
3. Paragraph 1 of this Article is applicable when a person sent by his employer from the territory of a Contracting State to the territory of a third country is then sent from the territory of that third country to the territory of the other Contracting State by that employer.
4. Where a person is subject to the law of a Contracting State in which he or she regularly operates independently in the territory of that Contracting State and temporarily engages in a similar independent activity, only in the territory of the other Contracting State, he or she shall remain subject to the law of the first State, as if he or she continue to work in the territory of the first Contracting State, provided that the foreseeable duration of the independent activity in the territory of the other Contracting State does not exceed twenty-four months.
5. In the event that the independent activity in the territory of the other Contracting State provided for in paragraph 5 of this Article extends beyond twenty-four months, the competent authorities of the two Contracting States or the competent institutions designated by these competent authorities may agree that the independent worker shall be subject only to the legislation of the first Contracting State. However, this extension may not be granted for a period exceeding thirty-six months. This extension must be requested prior to the end of the initial period of twenty-four months.
6. In the cases provided for in paragraphs 4 and 5 of this Article, the persons covered must, in advance, have health coverage in the State of origin.
Officials, members of diplomatic and consular missions
1. Members of the staff of the Diplomatic Missions and the Consular Offices shall be subject to the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 and the Vienna Convention on Consular Relations of 24 April 1963.
2. Persons recruited by a Diplomatic Mission or by a Consular Office of one of the Contracting States in the territory of the other Contracting State are subject to the legislation of the latter State.
Where the diplomatic mission or consular office of one of the Contracting States occupies persons who are subject to the law of the other Contracting State, the mission or office must comply with the obligations imposed on employers by the legislation of the latter Contracting State.
3. The provisions of paragraph 2 of this Article apply by analogy to persons employed in the private service of one of the persons referred to in paragraph 1.
4. The provisions of subparagraphs 1 to 3 of this Article do not apply to the honorary members of a consular office or to persons occupied in the private service of such persons.
5. Officials and assimilated staff are subject to the legislation of the contracting State under whose administration they operate. These persons, as well as members of their family, are considered, for this purpose, as residents of the territory of this Contracting State, even if they are in the other territory of the Contracting State.
6. The provisions of this Article apply equally to members of the family who accompany the persons referred to in paragraphs 1 and 5 who live in the territory of the receiving country, unless they themselves exercise a job.
The Competent Authorities or the Competent Institution designated by them may jointly establish, in the interest of certain insured persons or certain categories of insured persons, exceptions to the provisions of Articles 7 to 9.
Provisions relating to benefits
Totalization - General Rules
Total insurance periods
1. Without prejudice to the provisions of paragraph 2 of this Article, the periods of insurance and assimilated periods fulfilled under the benefits legislation of one of the Contracting States are, if necessary, supplemented by the condition that it does not exceed the periods of insurance provided under the law of the other Contracting State, in order to acquire, maintain or recover the right to benefits.
When two periods recognized as periods of insurance are agreed upon, only the period fulfilled in the contracting State where the person concerned has worked before this period shall be taken into account.
2. Where the law of any of the Contracting States subordinates the granting of certain benefits on the condition that the periods of insurance have been fulfilled in a particular activity, it shall only be computed, for admission to the benefit of such benefits, the periods of insurance fulfilled or recognized as equivalent in the same activity in the other Contracting State.
3. Where the law of any of the Contracting States subordinates the granting of certain benefits on the condition that the periods of insurance have been fulfilled in a given activity and when these periods could not give the right to such benefits, such periods shall be deemed to be valid for the liquidation of the benefits provided for by the general regime in Argentina and in respect of Belgium, shall apply only to the general regime of wage workers.
Calculation of benefits
1. Where a person meets the conditions required by the law of one of the two contracting States to have the right to benefits without the need for totalization, the Competent Institution of the appropriate State shall calculate the right to benefit directly on the basis of the periods of insurance fulfilled in that contracting State and only on the basis of its own legislation.
This Institution shall also proceed with the calculation of the amount of the benefit to be obtained by the application of numeral 2 of this Article. Only the highest amount will be paid.
In the case of Belgium, this paragraph applies only to old-age and survival benefits.
2. If a person claims a benefit to which he or she would be entitled only by completing the insurance periods under Article 11, the following rules shall apply:
(a) The corresponding Competent Institution shall calculate the theoretical amount of the benefit that should be as if all periods of insurance fulfilled by the laws of the two Contracting States had been carried out only under the legislation that it applied;
(b) The corresponding Competent Institution shall then calculate the appropriate amount, on the basis of the amount referred to in subparagraph (a), for the duration of the periods of insurance fulfilled only under its legislation, in relation to the duration of all periods of insurance computed according to subparagraph (a).
3. The mere fact that this Convention applies to it may not have the effect of reducing the rights of the person concerned.
Determination of Inability
1. For the determination of the reduction in the percentage of the labour capacity for the purposes of granting the corresponding disability benefits, the competent institution of each of the Contracting States shall carry out its assessment in accordance with the legislation it applies.
2. For the purposes of the application of the provisions of paragraph 1 above, the competent institution of the Contracting State in whose territory the applicant resides shall make available to the Competent Institution of the other State, at its request and free of charge, the medical reports and documents in its possession.
3. At the request of the competent institution of the Contracting State whose legislation is applied, the competent institution of the Contracting State in whose territory the applicant resides shall perform the medical examinations necessary for the assessment of the situation of the applicant. Medical examinations that respond only to the interest of the first above-mentioned institution shall be fully undertaken by the latter, in accordance with the modalities set out in the administrative agreement provided for in Article 19.
New calculation of benefits
1. If the increase in the cost of living, the variation in the level of wages or for other reasons, the old age, survival or disability benefits of one of the contracting States are subject to a change in a percentage or in a given amount, it is not appropriate to proceed with a recalculation of old age, survival or disability benefits.
2. On the contrary, in the event of a change in the way of establishing old age, survival or invalidity benefits, or the variation of their calculation rules, an adjustment shall be made in accordance with Articles 12 or 16.
Application of the Belgian Legislation
For the acquisition, maintenance or recovery of the right to disability benefits, the provisions of Article 11 apply by analogy.
1. If the right to Belgian disability benefits is born only by the totalization of the periods of Argentine and Belgian insurance carried out under Article 15, the amount of the due benefit is determined according to the modalities established by Article 12, paragraph 2.
2. Where the right to Belgian disability benefits is born without the need to resort to the provisions of Article 15 and that the amount resulting from the sum of the Argentine benefit and the Belgian benefit calculated according to paragraph 1 of this Article is less than the amount of the due benefit, based solely on Belgian law, the Belgian Competent Institution shall provide an equal complement to the difference between the sum of the two benefits prescribed and the amount due under only Belgian law.
Notwithstanding the provisions of Article 15, in the cases referred to in Article 16 numeral 1, no invalidity benefit is due by Belgium when the periods of insurance under its legislation, prior to the verification of the risk, do not reach, as a whole, one year.
As an exception to Article 5 of this Convention, the holder of a disability benefit of Belgian law retains the benefit of this benefit in the course of a stay in the other State, when this stay has been previously authorized by the Belgian Competent Institution. However, this authorization can only be rejected when the stay occurs in the period in which, under Belgian law, the Belgian Competent Institution must proceed to the assessment or review of the state of invalidity.
Attributions of Competition Authorities
(a) Take, through administrative agreement, the necessary measures for the implementation of this Convention and designate the Liaison Agencies and the Competition Institutions;
(b) define procedures for mutual administrative assistance, including the sharing of costs related to obtaining medical, administrative and any other certificates necessary for the implementation of this Convention;
(c) Information on measures taken for the implementation of this Convention is communicated directly;
(d) Any modification of its legislation that may affect the implementation of this Convention shall be communicated within the shortest time and directly.
1. For the implementation of this Convention, the Competent Authorities and the Competent Institutions of each Contracting State reciprocate their good offices, as if they were to apply their own legislation. This mutual assistance is in principle free of charge; however, competing authorities may agree to refund certain expenses.
2. The benefit of exemptions or tax reductions, stamps, actuarials, or registration provided for by the law of one of the Contracting States for certificates or documents issued or extended under the law of that State shall be extended to such certificates and documents issued or extended under the law of the other State.
3. The records and documents issued or extended under this Convention are exempted from visas for the legalization of diplomatic or consular authorities.
4. For the implementation of this Convention, the Competition Authorities and the Liaison Agencies of the Contracting States are empowered to communicate directly with each other. The communications may be made in any of the official languages of the Contracting States.
Communication of personal data
1. The institutions of the two Contracting States are authorized to communicate, for the purposes of the application of this Convention, personal data, including data relating to the income of the persons whom the institution of a Contracting State needs to know for the application of social security or social assistance legislation.
2. The communication of personal data by the institution of a Contracting State is subject to the protection of the data of this Contracting State.
3. The preservation, process or dissemination of personal data by the institution of the Contracting State to which they are communicated are subject to the legislation on the protection of the data of this Contracting State.
4. Data referred to in this Article may not be used for purposes other than the application of legislation relating to social security or social assistance.
Requests, declarations and resources
Applications, declarations or remedies that should have been submitted, under the law of one of the Contracting States, within a specified time period before an authority, agency or jurisdiction of that State, shall be considered as submitted within the same time period to an authority, agency or jurisdiction of the other Contracting State. In that case, the receiving authority, agency or jurisdiction shall promptly transmit such requests, declarations or remedies to the authority, to the agency or to the jurisdiction of the first Contracting State, either directly through the Competent Authorities of the Contracting States. The date of submission of such claims, declarations or remedies to an authority, agency or jurisdiction of the other Contracting State is considered as the date of submission to the competent authority, agency or jurisdiction to know.
A request or a document cannot be rejected for having been drafted in an official language of the other Contracting State to know.
Payment of benefits
The debtor agencies of benefits as a result of this Convention shall pay them validly in the currency of their own State.
Transfers resulting from the application of this Convention are made in accordance with the agreements in force in this regard between the two Contracting States.
The provisions of a Contracting State ' s legislation on change control cannot be an obstacle to the free transfer of financial amounts resulting from the implementation of this Convention.
Resolution of different
Deferendums relating to the interpretation and implementation of this Convention shall, to the extent possible, be resolved by the Competition Authorities.
Procedure for implementation
1. Executory resolutions issued by a court of one of the Contracting States, as well as the enforcement acts issued by the authority or institution of one of the Contracting States, relating to social security contributions or contributions and other applications, particularly for the recovery of undue benefits, are recognized in the territory of the other Contracting State.
2. Recognition can only be rejected when it is incompatible with the legal principles of the Contracting State in whose territory the resolution or act has to be executed.
3. The procedure for the implementation of resolutions and acts that have taken firmness must be in conformity with the legislation regulating the implementation of such resolutions and acts of the Contracting State in whose territory the execution takes place. The resolution or act must be accompanied by a certificate that testifies to its enforceable character.
4. Due contributions and contributions have, within the framework of an enforcement procedure, bankruptcy or forcible liquidation in the territory of the other Contracting State, the same priority order as equivalent credits in the territory of this Contracting State.
5. Credits to be charged or forcibly recovered are protected by the same privileges and guarantees as the credits of the same nature of an institution located in the territory of the Contracting State where the collection or the forced recovery takes place.
Recovery of mispayments
Where the institution of one of the States has paid a beneficiary an amount exceeding the amount to which the beneficiary is entitled, this institution may, under the conditions and within the limits provided for by the legislation that the beneficiary applies, request the institution of the other debtor State to retain the amount paid in excess of the amounts paid to the beneficiary. The latter institution shall effect retention in the conditions and within the limits provided for such compensation by the legislation which it applies as if it were in excess of amounts paid for it itself and shall transfer the amount retained to the creditor institution.
Cooperation in combating fraud
In addition to the application of the general principles of administrative cooperation, the competent authorities shall agree, in administrative agreement, on the modalities under which they are assisted in combating frauds that transcend the borders of a contracting State in the payment of contributions and social security benefits, in particular with regard to the actual residence of persons, the appreciation of resources, the calculation of contributions and the accumulations of benefits.
Transit and Final Provisions
Contingencies prior to the entry into force of the Convention
1. This Convention also applies to the contingencies that occurred prior to its entry into force.
2. The present Convention does not grant the right to benefit from a period prior to its entry into force.
3. Any period of insurance under the law of one of the Contracting States before the date of entry into force of this Convention is taken into consideration for the determination of the right to a benefit granted under the provisions of this Convention.
4. This Convention does not apply to rights that have been definitively settled for pre-established compensation or for the reimbursement of contributions.
Revision, prescription, expiry
1. Any benefit that has not been liquidated or has been suspended on the grounds of the nationality of the person concerned or on the basis of his or her residence in the territory of the contracting State other than that of the debtor agency, shall be liquidated or restored at the request of the person concerned from the entry into force of this Convention.
2. The rights of those interested who have obtained, prior to the entry into force of this Convention, the liquidation of a benefit shall be reviewed at their request, taking into account the provisions of this Convention. A review of these characteristics in no case should result in a reduction in the previous rights of the stakeholders.
3. If the application referred to in subparagraphs 1 or 2 of this Article is submitted within two years of the date of entry into force of this Convention, the rights granted under the provisions of this Convention are acquired from that date, without the provisions of the legislation of one or another of the Contracting States, concerning the expiry or limitation of the rights, being contrary to the parties concerned.
4. If the request referred to in subparagraphs 1 or 2 of this Article is submitted after two years after the entry into force of this Convention, the rights which are not attained by the expiry or which have not prescribed shall be acquired from the date of the application, except for more favourable provisions of the law of the corresponding Contracting State.
This Convention shall have an indefinite duration. It may be denounced by one of the Contracting States by written notification addressed to the other Contracting State by diplomatic means, with a 12-month notice.
Guarantee of rights acquired or under acquisition
In case of denunciation of this Convention, the rights and payments of benefits acquired under the Convention shall be maintained. The Contracting States shall take their precautions in respect of the rights under acquisition.
Entry into force
This Convention shall be ratified in accordance with the domestic legislation of each Contracting State. It shall enter into force on the first day of the third month following the date on which both Contracting States have exchanged, by diplomatic means, the instruments of ratification.
In faith of which, the signatories, duly authorized, have signed this Convention.
Made in Buenos Aires, on March 3, 2010, in two copies, in Spanish, French and Dutch languages, the three equally authentic texts.